OpenLegislation

Paragraph 5 Persons with leave to enter or remainI1

England and Wales

(1)

A person—

(a)

with leave to enter or remain;

(b)

who is ordinarily resident in England on the relevant date; and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(2)

A person—

(a)

who is the spouse or civil partner of a person with leave to enter or remain;

(b)

who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;

(c)

who is ordinarily resident in England on the relevant date; and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

(3)

A person—

(a)

who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

(b)

who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c)

who was under 18 on the date on which the person with leave to enter or remain made the application for asylum;

(d)

who is ordinarily resident in England on the relevant date; and

(e)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.

Annotations

Commencement

I1

Sch. 1 para. 5 in force at 17.4.2010, see reg. 1